IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27302 of 2011
1.Anusta Devi, Wife of Bishan Yadav.
2.Rekha Kumari @ Rekha Devi, Daughter of Bishandeo Yadav.
3.Rajesh Thakur, Son of Arjun Thakur.
4.Hari Lal Yadav @ Fucho Yadav, Son of Bishandeo Yadav.
All resident of village Dhekpura, P.S. Raniganj, District Araria.
---------- Petitioners
Versus
The State Of Bihar
-------- Opposite Party
-------------
02/- 08/09/2011 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
All the four petitioners apprehend their arrest in
connection with a case registered for the offence punishable under
Sections 363, 366(A), 120(B) of the Indian Penal Code, are named
accused in this case.
Submission is that main allegation was leveled
against one Om Prakash Yadav son of petitioner no. 1, who has
already been enlarged on regular bail by the court below itself.
Taking into consideration, the statement of the victim recorded
under Section 164 of the Code of Criminal Procedure, wherein,
she has said nothing about the involvement of these petitioners and
also exonerated Om Prakash Yadav by stating that she being a
major voluntarily went and subsequently married with said Om
Prakash Yadav. Further, submission is that the doctor has also
opined that the victim being a major one.
Considering the facts and circumstances of the case,
in the event of their arrest/surrender before the court below within
four weeks, let the above named petitioners be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with
two sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate, Araria, in connection with Raniganj P.S. Case
No. 254 of 2010, subject to condition laid down under Section
438(2) of the Criminal Procedure Code with additional condition
to petitioner nos. 3 and 4 (male members) to remain physically
present before the court below on each and every date at least for
two years or till disposal of the case, whichever is earlier, in case
of failure on two consecutive dates, without giving any reasonable
explanation, the liberty granted shall be deemed to be cancelled.
Praveen/ ( Akhilesh Chandra, J.)